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Get In Touch

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Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry.
If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

I agree to be ‘opted in’ to receive Thomson Snell & Passmore newsletters, event invitations and other publications that are related to the subject matter of this event or my industry sector. I understand that this means they will send me these communications by email

I agree

If you want to update what types of information you want to receive from us, or if you wish to
stop receiving these communications, you can do so ay any time using the following link:
Unsubscribe
or emailing us at
info@ts-p.co.uk.

Wills, gifts and other applications

Our Court of Protection team is one of the most experienced in the country in advising deputies and attorneys on formal applications for gifts, wills and property transactions, such as applying to the Court for authority to replace a co-owner of a property who has lost capacity.

The Court of Protection exists to safeguard the property, financial affairs and welfare of those who lack capacity to make decisions for themselves, and only the Court of Protection can authorise certain decisions. Many factors influence the Court’s decision and need to be taken into account when preparing an application: the interests of the person who lacks capacity is paramount; other people can be affected and may not agree to what is proposed and complex issues of trust and tax law are often involved.

How our Court of Protection lawyers can help with applications to the Court of Protection

We are able to assist deputies and attorneys by:

Making applications for gifts, wills, and settlements

Navigating the complexities of the Mental Capacity Act 2005 and Court of Protection Rules

Assisting with arrangements for assessment of capacity

Preparing the Court of Protection forms

Advising on applications or responding to applications

Acting on behalf of someone who lacks capacity to conduct court proceedings (i.e. as their “litigation friend”)

Making applications for the replacement of trustees who lack capacity, including where property is owned jointly.

Our Court of Protection expertise

We have one of the largest specialist teams of Court of Protection solicitors, in the country, offering a rare combination of expertise and resources to deal with anything from a simple application to complex litigation

Eddie Fardell and Brian Bacon are highly regarded experts, with many years of experience between them. Eddie is on the Court of Protection User Group and both he and Brian often receive direct referrals from solicitors, barristers and other professionals. We are appointed as deputies in over 250 cases

Our specialist Court of Protection lawyers give straightforward, practical advice and have the experience to ensure they secure the best possible outcome for the vulnerable or elderly person

We understand how the jurisdiction works and know when to compromise, fight or walk away. Where necessary, we work with leading barristers in this area and have been involved in some of the most difficult decisions made by the Court of Protection

Q. We want to help our 20 year old daughter buy her first flat, but we’re worried about putting such a valuable asset directly in her name. Is there anything we can do to protect the property until she’s a bit older?

P was involved in a road traffic accident in 2001 when she was just six years old. As a result of the accident, P suffered a severe brain injury.
P made a remarkable recovery from her injuries, but has been left with some cognitive deficits. She struggles with organisation, budgeting and planning. She can be very impulsive and disinhibited. She also suffers from fatigue.

The decision of Mr Justice Charles in the case of Staffordshire County Council v SRK [2016] EWCOP 27 has impacted on the practices and responsibilities of professional Deputies in cases where there is a substantial and privately funded care regime. This article addresses the key facts and the impact this will have on deputies and the Court.

It is increasingly difficult to save for a deposit whilst paying rent and outgoings on a rented property. Lenders are now far more cautious about how much they will lend and who they will lend it to. As a result parents are regularly stepping in to help out their children to purchase a property.

The Private Client team of leading South East law firm Thomson Snell & Passmore is thrilled to have come away with top prize, the ‘Excellence in Private Client Practice’ award at the Law Society Excellence Awards 2016 which took place at the Hilton Park Lane Hotel in London on Thursday 20 October.

Q. Was there any good news for SMEs in the Budget?
A. Whilst not transforming the landscape for SMEs, there was certainly some good news. The Chancellor looked to shift some of the tax burden onto large corporates, giving him some room to assist smaller businesses.

Thomson Snell & Passmore give MexxaMixx's company directors advice on what they should do with their lump sums from a tax and estate planning perspective after they agreee to sell the entire issued share capital of MexxaMixx to a mjor competitor.

Heterosexual couples may soon be allowed to enter into civil partnership. Nicola Plant from our Private Client department speaks about why some heterosexual couples prefer the idea of civil partnership over marriage and what it will mean to them legally.

Leading South East law firm Thomson Snell & Passmore is delighted to announce their Court Of Protection team has been awarded 'Firm of the Year' by The Legal 500 UK 2015 for their specialist work in this area. The team are unique as they are top ranked nationally by both The Legal 500 and Chambers UK directories, and have been for the last few years.

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry.
If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

I agree to be ‘opted in’ to receive Thomson Snell & Passmore newsletters, event invitations and other publications that are related to the subject matter of this event or my industry sector. I understand that this means they will send me these communications by email

I agree

If you want to update what types of information you want to receive from us, or if you wish to
stop receiving these communications, you can do so ay any time using the following link:
Unsubscribe
or emailing us at
info@ts-p.co.uk.

I agree to be ‘opted in’ to receive Thomson Snell & Passmore newsletters, event invitations and other publications that are related to the subject matter of this event or my industry sector. I understand that this means they will send me these communications by email

I agree

If you want to update what types of information you want to receive from us, or if you wish
to stop receiving these
communications, you can do so at any time using the following link:
Unsubscribe
or emailing us at
info@ts-p.co.uk.